BILL NUMBER: AB 519	CHAPTERED  10/10/99

	CHAPTER   964
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JUNE 10, 1999
	AMENDED IN ASSEMBLY   MAY 10, 1999
	AMENDED IN ASSEMBLY   APRIL 12, 1999

INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 18, 1999

   An act to amend Sections 51.9 and 52 of the Civil Code, relating
to sexual harassment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 519, Aroner.  Sexual harassment.
   (1) Existing law provides that a person is liable in a cause of
action for sexual harassment when the plaintiff proves, among other
things, that the defendant has made sexual advances, solicitations,
sexual requests, or demands for sexual compliance by the plaintiff
that were unwelcome and persistent and severe, continuing after a
request by the plaintiff to stop.
   This bill would revise that cause of action by extending it to
apply to verbal, visual, or physical conduct of a sexual nature or
hostile nature based on gender, requiring the conduct to be pervasive
rather than persistent, deleting the requirement that the conduct
continue after a request by the plaintiff to stop, and specifying
that the cause of action applies to an injury involving emotional
distress or violation of a statutory or constitutional right.  The
bill would also delete the requirement that the complaint and answer
be verified and would specify that the above definitions and
standards only apply to a cause of action brought under this
provision.
   (2) Existing law provides that whoever denies the right to be free
from violence or intimidation because of their race, color,
religion, ancestry, national origin, sex, sexual orientation, age,
disability, position in a labor dispute, as specified, or similar
characteristics, or who aids, incites, or conspires in that denial,
is liable for each and every offense for the actual damages suffered
by any person denied that right, exemplary damages, and attorney's
fees as may be determined by the court.
   This bill would extend these provisions to persons having a cause
of action for sexual harassment discussed above.  The bill would also
incorporate additional changes to Section 52 of the Civil Code
proposed by AB 1268, contingent upon its prior enactment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 51.9 of the Civil Code is amended to read:
   51.9.  (a) A person is liable in a cause of action for sexual
harassment under this section when the plaintiff proves all of the
following elements:
   (1) There is a business, service, or professional relationship
between the plaintiff and defendant.  Such a relationship may exist
between a plaintiff and a person, including, but not limited to, any
of the following persons:
   (A) Physician, psychotherapist, or dentist.  For purposes of this
section, "psychotherapist" has the same meaning as set forth in
paragraph (1) of subdivision (c) of Section 728 of the Business and
Professions Code.
   (B) Attorney, holder of a master's degree in social work, real
estate agent, real estate appraiser, accountant, banker, trust
officer, financial planner loan officer, collection service, building
contractor, or escrow loan officer.
   (C) Executor, trustee, or administrator.
   (D) Landlord or property manager.
   (E) Teacher.
   (F) A relationship that is substantially similar to any of the
above.
   (2) The defendant has made sexual advances, solicitations, sexual
requests, demands for sexual compliance by the plaintiff, or engaged
in other verbal, visual, or physical conduct of a sexual nature or of
a hostile nature based on gender, that were unwelcome and pervasive
or severe.
   (3) There is an inability by the plaintiff to easily terminate the
relationship.
   (4) The plaintiff has suffered or will suffer economic loss or
disadvantage or personal injury, including, but not limited to,
emotional distress or the violation of a statutory or constitutional
right, as a result of the conduct described in paragraph (2).
   (b) In an action pursuant to this section, damages shall be
awarded as provided by subdivision (b) of Section 52.
   (c) Nothing in this section shall be construed to limit
application of any other remedies or rights provided under the law.
   (d) The definition of sexual harassment and the standards for
determining liability set forth in this section shall be limited to
determining liability only with regard to a cause of action brought
under this section.
  SEC. 2.  Section 52 of the Civil Code is amended to read:
   52.  (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51 or 51.5, is
liable for each and every offense for the actual damages, and any
amount that may be determined by a jury, or a court sitting without a
jury, up to a maximum of three times the amount of actual damage but
in no case less than one thousand dollars ($1,000), and any attorney'
s fees that may be determined by the court in addition thereto,
suffered by any person denied the rights provided in Section 51 or
51.5.
   (b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each and
every offense for the actual damages suffered by any person denied
that right and, in addition, the following:
   (1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages.
   (2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7.
   (3) Attorney's fees as may be determined by the court.
   (c) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in conduct of resistance to the full
enjoyment of any of the rights hereby secured, and that conduct is of
that nature and is intended to deny the full exercise of the rights
herein described, the Attorney General, any district attorney or city
attorney, or any person aggrieved by the conduct may bring a civil
action in the appropriate court by filing with it a complaint.  The
complaint shall contain the following:
   (1) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
   (2) The facts pertaining to the conduct.
   (3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to insure the full enjoyment of the
rights herein described.
   (d) Whenever an action has been commenced in any court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General or any district attorney or city
attorney for or in the name of the people of the State of California
may intervene in the action upon timely application if the Attorney
General or any district attorney or city attorney certifies that the
case is of general public importance.  In that action, the people of
the State of California shall be entitled to the same relief as if it
had instituted the action.
   (e) Actions under this section shall be independent of any other
remedies or procedures that may be available to an aggrieved party.
   (f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
   (g) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
   (h) For the purposes of this section, "actual damages" means
special and general damages.  This subdivision is declaratory of
existing law.
  SEC. 3.  Section 52 of the Civil Code is amended to read:
   52.  (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51 or 51.5, is
liable for each and every offense for the actual damages, and any
amount that may be determined by a jury, or a court sitting without a
jury, up to a maximum of three times the amount of actual damage but
in no case less than one thousand dollars ($1,000), and any attorney'
s fees that may be determined by the court in addition thereto,
suffered by any person denied the rights provided in Section 51 or
51.5.
   (b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each and
every offense for the actual damages suffered by any person denied
that right and, in addition, the following:
   (1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages, if the defendant is guilty of
fraud, malice, or oppression.
   (2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7.
   (3) Attorney's fees as may be determined by the court.
   (c) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in conduct of resistance to the full
enjoyment of any of the rights hereby secured, and that conduct is of
that nature and is intended to deny the full exercise of the rights
herein described, the Attorney General, any district attorney or city
attorney, or any person aggrieved by the conduct may bring a civil
action in the appropriate court by filing with it a complaint.  The
complaint shall contain the following:
   (1) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
   (2) The facts pertaining to the conduct.
   (3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to insure the full enjoyment of the
rights herein described.
   (d) Whenever an action has been commenced in any court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General or any district attorney or city
attorney for or in the name of the people of the State of California
may intervene in the action upon timely application if the Attorney
General or any district attorney or city attorney certifies that the
case is of general public importance.  In that action, the people of
the State of California shall be entitled to the same relief as if it
had instituted the action.
   (e) Actions under this section shall be independent of any other
remedies or procedures that may be available to an aggrieved party.
   (f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
   (g) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
   (h) For the purposes of this section, "actual damages" means
special and general damages.  This subdivision is declaratory of
existing law.
  SEC. 4.  Section 3 of this bill incorporates amendments to Section
52 of the Civil Code proposed by both this bill and AB 1268.  It
shall only become operative if (1) both bills are enacted and become
effective on January 1, 2000, (2) each bill amends Section 52 of the
Civil Code, and (3) this bill is enacted after AB 1268, in which case
Section 2 of this bill shall not become operative.
